Employee and Employer Contributions
One of the key questions in QDRO drafting is which contributions are included in the marital division. Typically, the QDRO will divide the vested portion of both employee and employer contributions accrued during the marriage. It’s important to ensure that:
- The division date (called the valuation date) aligns with the legal date of separation or divorce judgment.
- The order spells out whether investment gains and losses will be included from that date until the distribution date.

